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LA WS OF NEW-YORK, Tenth Sellion, after bargained, fold, demised, granted, conveyed or charged, against the said bargainees, vendees, leilees, grantees, and every of them, their heirs, fucceffors, executors, administrators and alligns, and against all and every person or persons who have or claim, or fall or may lawfully have or claim any thing, by, irom or under them, or any of them, shall be deemed, taken and adjudged to be void, frustrate and of none effect, by virtue and force of this act.

VI. Provided always, and be it further enaded by the auTl.is act not to af. thority aforesaid, that this act, or any thing therein conances to perfons not tained, lhall not extend, or be construed to impeach, defeat,

Nor any bona fide make void or fruitrate any conveyance, afligninent of leafe, mortgage allurance, grant, charge, leafe, eftate, interest or limitation of use or uses, of, in, to or out of any lands, tenements or hereditaments, goods or chattels, at any tiine heretofore had or made, or hereafter to be had or made, upon or for good confideration, and bona fide to any person or persons, bodies politic or corporatė, nor having, at the time of such conveyance or aflurance to him, her or them made, any manner of notice, or knowledge of such covin, fraud or collution, as is aforesaid; and that no lawful mortgage, inade or to be made, bona fide, and without fraud or covin, and upon good consideration, shall be iinpeached or impaired by force of this act, but the same shall stand in like force and effect, as the same should have done, if this act had never been made; any thing before in this act to the contrary in any wife notwithstanding.

VII. And whereas fundry common recoveries of lands, tenements and hereditaments have been had, and hereafter may be had, against a tenant of the freehold, the reversion or remainder, or the right of the reversion or remainder, then being in some other person or persons; Be it further enaded by th: authority aforesaid, That every such coinmon recovery heretofore had, and hereafter to be had, of any lands, tenements or hereditaments, shall, as touching such person and persons who then had any reversion or remainder; or right of reversion or remainder, and against the heirs of every of them, stand, remain, and be of such like force and effect, and of none other, as the same should have been if this act had never been made.

VIII. Provided alway's, and be il further enakled by the authority aforesaii, That this act, or any thing herein before contained, Mall not extend to make void any estate or conveyance, by reason whereof any person or persons shall use any voucher in any writ of forinedon, now depending, or hereafter to be depending; but that all and every such vouchers in any writ of formedon, shall 1tand and be in like force and effect, as if this act had never been made.

IX. And for the prevention of many fraudulent practices, which are commonly endeavoured to be upheld by perjury, and fubornation of perjury; All estates by livery

Be il further enafcd by the authority aforefinid, That all learand ceilin only or hy es, estates, interest of freehold, or terms of years, or any parol, t) be considered

uncertain interests of, in, to or out of any messuages, manExcept leales for ors, lands, tenements or hereditainents, made or created,

or hereafter to be made or created, by livery and feilin only, or by parol, and not in writing, and signed by the parties fo making and creating the faine, or their agents thereunto lawfully authorised by writing, sha have the force and effect of leases, or ettates at will only, and shall not, either in law or equity, be deemed or taken to have any other or greater force or effect; any confideration for making any fuch parol leases, or el

as estates at will,

three years.

Eates, or any former law or usage to the contrary notwithstanding. Except nevertheless

, All leales not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord during such terin, {hall amount unto two third parts, at the lealt, of the full improved valuta of. the thing demiled.

X. Ind be il further enabled by the authority aforefi, Thut no ines, etates or interests, either of freehold, or terms of veurs, or 11 y uncertain interest of, in, to or out of any meiluages, manors, lands, tenements or frereditaments, shall at any time hereafter be alligned, grantur' or furenderei, unleig it bt by deed or note in writing, ligned by the party so afligins, graniting or surrendering the time, or their agents thereunto lawfully authorised by writing, or by act and operation of law.

XI. And be il fisither enwed by the artioriy oforcfuid, That no action, shall be brought whereby to charge any executor or administrator, upon any special promise to answer damages out of his own eilate, or wireby to charge the defendint, upon any ipecial promije, to answer for the debt, default or miscarriages of another person, or to charge any penon upon any agreement made upon confideration of marriage, or upon any contract or fale of lands, tenements or hereditaments, or any interest in or concerning. them, or upon any agreement that is not to be perforined within the face of one year from the making thereof, unless the agreement upon which ruch action shall be brougit, or some memorandum or note thereof thall be in writing, and signed by the party to be charged there with, or fome other person thereunto by him or her lawfully authorised.

XII. And be it further cnaćice by the au hority aforefad, That all declarations or creations of ruils or confidences, of any lands, tenements or hereditaments, Irall be manifelled and proved by foine writing, figned by the party who is or Mall be by law enabled to declare such truit, or by his latt will in writing, or else they fall be utterly void, and of none e det: But all declarations or creations of ules, trulls or conndences of any common recoveries of any lands, tenements or hereditaments, in aniified and proved, or which hereafter fall be manifelted and proved, by any deed already made, or hereafter to be made, by the party who is or thall be by law enabled to declare such uses or trusts, after tlie levying or utrering of any fuch fines or recoveries, are, and shall be as good and electual in the law, as if this clanle of this act had not been made. XIII. Prorided always, and be it fitither engsteil by the articonly 272,7d,

That where any conveyance haid been or thailise madhe, fect any trust aviting of any lands, tenements or heredicaments, by winch a truit by operation of law.

or confidence shall or may arile or retult, by iinplication or construction of law, or be transferred or extinguished by act or operation of law, then, and in every such cali, such truit or confidence Niall be of the like force and effect as the same would have been, if this act liad not been made.

XIV. itid be it further ended by the authoriiy fucfuid, That all grants and affignments of any cruit or confidence, shall likowise be in wring, 1937ed by the party granting or afligning the fame, or by his or her latt will in writing, or else shall likewise be utterly void, and of none effect.

XV. And be it firrther endiled by the wishorilyan refund, Thet no contract for the sale of any goods, wares and merchandize, for the price of ten pounds or upwards, shall be allowed to be good, except the buyei fil accept part of the goods to fold, and actually receive the fame, or give fome:

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fines, or

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thing in earnest to bind the bargain, or in part of payment, or that some nore or memorandum in writing of the said bargain, be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorised.

с нА Р. XLV. An ACT concerning the Proofs, Acknowledgments and Regiftries of certain

Deeds and Conveyances.

Palled ift March, 1787.

the rica, and the king of Great-Britain, many deeds, conveyances and writings, relating to the title or property of lands, mefluages, tenements or hereditamenis within this state, executed bona fide, and for good and valuable confiderations, within the southern district of this state, have been proved and acknowledged before, and registered by persons residing in the faid district, and deriving their authority from the said king: And whereas it has now become impracticable, from the death of many persons, and the reinoval of others from this state, before and since the conclusion of the said war, to have the frid deeds, conveyances and writings proved, acknowledged and registered, in the manner required by the laws of this state, by reason whereof many of the faid deeds, conveyances and writings, will be rendered altogether invalid and ineffectual ; Therefore, Be it enabled by the people of the Hute of Neuv-York, represented in fenate and afëmbly, aid it is hereby erailed by the authority of ihe lime, That all deeds, conveyances and writings, relating to the title or property of any lands, messuages, tenements or here. ditaments, within this fiate, which have been executed bona fide, and for good or valuable confiderations, within the southern district of this state, after the ninth day of July, in the year one thousand seven hundred and seventy-fix, and before the twenty-fifth day of November, one thousand seven hundred and eighty-three, and have been proved and acknowledged before, and regiftered by any perton or persons reliding in the faid district, and deriving authority, for the purpose, from the said king of Great-Britain, in the mode and inanner which have been usual in cases of the like 'nature, whilst this state was a colony, shall be as valid and effectual in the law, and shall have the like operation and effect, in every respect, to all intents, constructions and purposes whatsoever, as if the said deeds, conveyances and writings had been proved and acknowledged before, and registered by, persons duly authorised by the laws of this state to take the proofs and acknowledgments of the said deeds, conveyances and writings, and to register the same. Provided always, that nothing in this act shall be construed to prevent or stay any execution or writ of pofleflion, in any cause wherein judgment has been given, and no execution or writ of poffeffion issued.

CH A P. XLVII.
An ACT to reduce the Laws concerning Wills into one Statute.

Pafled 3d March, 1787.
I. E it enacted by the people of the fate of New-York, represented in fenale

ard allembly, and it is hereby enacted by the authority of the fame, That all and every person and persons having a sole estate or intereft in fee

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fimple, or of any estate of inheritance, or feifed in fee simple in coparcenary, or in common, in fee simple, or of any estate of inheritance, of and in any manors, lands, tenements, rents or other hereditaments, in pofleffion, reversion or remainder, or of rents or services incident to any reversion or remainder, snall have full and free liberty, power and authority, to give, dispose, will or devise, to any person or persons (except bodies politic and corporate) by his last will and testament in writing, or otherwise by any act or acts lawfully executed in his life-time, by himlelf folely, or by himself and others jointly, severally or particularly, or by all those ways, or any of them, as much as in him of right is or shall be, all his faid manors, lands, tenements, rents and hereditaments, or any of them, or any rents, coin. mons or other profits or commodities, out of, or to be perceived of the fame, or out of any part thereof, at his own free will and pleasure.

II. Provided alw.ys, and be it further created by the aui hurily aforeliid, That all devises and bequests of any manors, lands, tenements, rents or hereditaments, or of any rents, commons or other profits or commodities, out of, or to be perceived of the fame, shall be in writing, and signed by the party fo devising

the fame, or by some other person in his presence, and by his express directions; and shall be attested and subscribed in the presence of the faid devisor, by three or more credible witnellus, or else they shall be utterly void and of none effect.

HII. And be it further exatied by the authority aforcid, How such wills may That no devise or bequeft in writing, of any manors, lands, be revoked or can. selled.

tenements, rents or hereditaments, or of any rents, commons or other profits or commodities, out of, or to be perceived of the fame, or out of any parcel thereof, or any clause thereof, shall be revocable, otherwise than by some other will or codicil in writing, or other writing declaring the fame, or by burning, cancelling, tearing or obliterating the fame, by the testator himself, or in his presence, and by his direction and confent; but all devises and bequests of any manors, lands, tenements, rents or hereditaments, or of any rents, commons or other profits or commodities, out of, or to be perceived of the fame, or out of any parcel thereof, shall remain and continue in force until the fame be burnt, cancelled, corn or obliterated by the testator, or by his directions, in manner aforesaid, or unless the same be revoked or altered by some other will or codicil in writing, or other writing of the devisor, signed in the presence of three or more witnelles, declaring the fame.

IV. And be it further cnačied by the authority aforefuid, Etates, pur auter That all estates pur auter vie, shall be devisable by will in vie, devilable.

writing, figned by the party fo devising the same, or by fome other person in his presence, and by his express directions, and attetled and subscribed in the presence of the devilor, by three or more winefles, And if no such devise thereof be made, the fame, or so much thereof as shall not be fo devised, shall go to the executors or adminiftrators of the party who had the estate thereof by virtue of the grant, and shall be allits in their hands, and be applied and distributed in the same manner as the perionalcitate oi the testator or intcftate.

V. Ard be it further enabled by the authesilv ofcrcfaias Wills made by feme That wills or testaments made of any manors, lands, tene0s and lunatics, but ments, rents or hereditaments, or of any rents, commors good.

or olier profits or commodities, out of, or to be perceived of the fame, by any wonian covert, or peron within the age of twenty

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one years, idiot, or any person of unsane memory, shall not be taken to be good or eficctual in the law.

VI. A ducit further cnuclcd by the authoriiy asore ald, Darifiesto apy por: That if any person hath attelted the execution of any will sutin of any will, or codicil, after the firil day of March in the year of our

Lord one thousand seven hundred and fifty-tlaree, or shall acielt the execution of any will or cocicil, hereafter to be made, to whom any bencficial devile, legacy, eitate, interett, gift or appointment, of or aftcting any real or personal estate, other than, and except charges on lands, tesiemenis or hereditaments, for the payment of any debt or debts, hath been or thail be thereby given or made, such device, legacy, ellate, intereft, girt or appointment, thall, so far only as concerns such person attesting the execucon of such will or codicil, or any person claiming under him, be utterly rull any vid. And tuch perion (hall be admitted as a witness to the executin of fich will or codicii, within the intent of this act, notwithstanding fich demne, legacy, eflate, intereii, gift or appointment mentioned in such will or codicil.

VII. ridder inier engacu ly the authority ajurejuid, Colters zem izcil Thiai in coti', by any will or codicil made or to be made,

any lands, icnements or hereditamenrs, are or shall be charged with any debt or cebis, and any creditor whose debt is fo charged, luath atteiled, or thall attest the execution of such will or codicil, every such Criditor, notwithstanding fuch charge, thall be admitted as a witness to the execuion of luch will or coaicil, within the intent of this act. And further, That if any perion hath atteited the execunion of any will or codicil, made on or buiole liit laid firit day of March, in the year of our Lord one thoufand leven hundred and fifty-three, to whom any legacy or bequeit is thereby given, whuher charged upon lands, tenemenis or hereditaments, or not; ani fuch perfon, before he mall give luis teflimony concerning the execution of any such will or codicil, shall liave been paid, or have accepted or releafed, or Ball have refused to accept luch legacy or bequeft, upon tender made thereof, such person shall be admitted as a witness to the execution of such will or codicil, within the intent of this act, notwithlanding such legacy or bequest; and in case of such tender and refusal as aforesaid, luch perton Inall in no wise be entitled to fucli legacy or bequeft, but shall be forever afierwards barred therefrom ; and in case of such acceptance as aforesaid, fuch person shall retain to his own ule, the legacy or bequest which shall have been so paid, fatisfied or accepted, not withitanding fuch will or codicil Mall afterwards be adjudged or determined to be void, for want of due execution, or for any other cause or defect whatsoever. And further, That in case any such legatee as aforesaid, who hath attested the execution of any will or codicil, made on or before the said first day of March, in the year of our Lord one thousand feven hundred and fifty-three, shall have died in the testator's life time, or before he shall have received or released, or refufud, on tender, iis legacy ; suchi legatee Mall be deemed a legal witness to the execution of fuch will or codicil, within the intent of this act, not withiftanding such legacy or bequeít. Provided always, That the credit of every such witness 10 attulling, the execution of any will or codicil, in any of the cafes in this act beforementioned, and all circumstances iclating thereto, shall be fubject to the conideration and detei mination of the court, and the jury before v hom any zuch with us Thail be examined, or his testimony or attestation made use of, or vi the court of equity, in wlich the testimony or atteilation of any sucii

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